January 28, 2011 | Court Decisions, Divorce, Legal Perspective, Marital Property
Brian Vertz
If you are facing marital separation or divorce, consider whether to store the guns in a locker at a sporting club or a gun dealer, away from the marital residence.
September 28, 2010 | Alimony, Child Support, Divorce, Family Law News, Income Calculations, Legal Perspective, Marital Property
Brian Vertz
In business, they say, cash flow rules. The same principle is true, I find, in divorce. I have been brainstorming a set of cash flow “rules” for divorcing spouses. Here is part one: 1. Never run out of cash. My #1 divorce rule is the as Inc Magazine‘s #1 business rule. In divorce, there is a period of time immediately following separation when a divorcing spouse’s cash flow may be […]
September 16, 2010 | Business Valuation, Divorce, Legal Perspective, Marital Property
Brian Vertz
A recent post on BVLaw (culled from the materials for the BVR Summit on Business Valuation in Divorce, going on now in Chicago) reminds us that pre-trial discovery and preparation are essential tasks in divorce litigation which must be conducted by the parties, with the assistances of their lawyers and experts, not the court: Speaking at this morning’s BVR Divorce Summit, Judge Thomas Zampino gave some excellent advice for matrimonial […]
September 09, 2010 | Court Decisions, Divorce, Legal Perspective, Marital Property, Settlement
Brian Vertz
In Re Miller, 424 B.R. 171 (M.D. Pa. 2010) Wife/Debtor filed a chapter 13 bankruptcy petition, in which she attempted to classify an “income maintenance award” of $88,500 received in a divorce decree as property exempted from the bankruptcy estate. The divorce decree provided that Wife was to receive $88,500 cash in order to effectuate a 67%/33% division of marital property. Next, Wife’s former divorce lawyer filed a proof of […]
September 08, 2010 | Business Valuation, Complex Financial Issues, Court Decisions, Divorce, Legal Perspective, Marital Property
Brian Vertz
Last year I had the privilege of attending the BVR/Morningstar Summit on Best Practices in Business Valuation in Divorce, which will be held this month in Chicago. Unfortunately I have to miss it this year as I will be visiting my new niece in San Diego. They will be discussing the latest developments in business valuation and complex financial issues in divorce, including the following summary of a double-dipping decision […]
August 09, 2010 | Alimony, Court Decisions, Divorce, Legal Perspective, Tax Issues
Brian Vertz
In Balicki v. Balicki, 2010 PA Super. 134 (July 30, 2010), the Superior Court considered the husband’s argument that the alimony order provided more income to his ex-wife than she could spend (as shown by her budgetary expenses). The trial court in its opinion justified the alimony award by noting that the wife would pay income tax on her alimony award, thereby reducing the after-tax dollars available to her. The […]
